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Prem Singh Suchha vs Addl. Chief Judicial Magistrate,Lucknow and Another

Allahabad High Court · Decided on 5 February 2007 · Citation: (2007) 02 AHC CK 0152

HON’BLE JUDGES
S.K.Jain, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226 · Criminal Procedure Code, 1973 (CrPC) — Section 207 · Penal Code, 1860 (IPC) — Section 307
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 612(M/S) of 2007
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Judgment

5 paragraphs · 191 words

S.K. Jain, J.—Heard learned Counsel for the petitioner Sri K.K. Seth and learned A.G.A.

2.

This petition under Article 226 of the Constitution of India has been filed for issuance of writ of certiorari quashing the order dated 572006 passed by learned Additional Chief Judicial Magistrate, Court No. 25, Lucknow in case No. 4343/06 under Section 307 I.P.C. State v. Prem Singh Suchha relating to case crime No. 48/04, P.S. Ashiyana, Lucknow.

3.

By the impugned order the learned Magistrate committed case of the accused to the Court of Sessions. Learned Counsel for the petitioner submits that the impugned order has been passed without compliance of the Section 207 Cr.P.C. and no copy of the statement and other documents relating upon the prosecution were furnished to the accused.

4.

Learned A.G.A. submits that there is no illegality in the impugned order.

5.

I have considered the rival submissions. The writ petition is disposed of with a direction that the learned Sessions Judge before proceedings with the trial shall ensure whether the compliance under Section 207 Cr.P.C. was made or not, if not made, the same shall be complied before proceeding further.